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MORRELL v. PRUDENTIAL INS. CO. OF AMERICA

No. 234.

75 F.2d 985 (1935)

MORRELL v. PRUDENTIAL INS. CO. OF AMERICA.

Circuit Court of Appeals, Second Circuit.

March 4, 1935.

Attorney(s) appearing for the Case

Mackenzie, Smith & Michell, of Syracuse, N. Y. (Charles E. Spencer, of Syracuse, N. Y., of counsel), for appellant.

Bond, Schoeneck & King, of Syracuse, N. Y. (Clarence R. King and Lyle W. Hornbeck, both of Syracuse, N. Y., of counsel), for appellee.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

This is an action to recover upon a policy of life insurance in the amount of $5,000, alleged to have been issued by the defendant. The policy insured the life of John C. Morrell, and was made payable to his wife, Margaret C. Morrell, the plaintiff in this action.

Morrell was a New York Central brakeman. On March 29, 1933, he signed an application for life insurance. The policy was delivered on April 3, by Kittell, an assistant...

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